Allowed

Yohannan v. State of Kerala

Kerala HC17 Sept 2014Bail Appl./6748/2014

Case brief

AI extract

What is this about?

In a bail application filed by a 77-year-old senior citizen accused of house trespass, assault and mischief arising from a family dispute with his daughter, the court observed that the incident appears to be of a civil nature. Finding custodial interrogation unnecessary for an elderly person and the offence essentially domestic, the court granted bail on appropriate conditions.

What did the court decide?

Petitioner released on bail with a surety of Rs. 25,000, ordered to report to I.O., and prohibited from intimidating witnesses.

Yohannan Vs State of Kerala — Cheating and Forgery | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2014/26TH BHADRA, 1936

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Bail Appl..No. 6748 of 2014 ()

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CRIME NO. 912/2014 OF YEROOR POLICE STATION , KOLLAM

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PETITIONER(S)/ACCUSED:

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YOHANNAN, AGED 77 YEARS SON OF GEORGE, CHARUVILA PUTHEN VEEDU, VADAKKANEYAM AYIRANALLOOR VILLAGE, KOLLAM DISTRICT.

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BY ADVS.SRI.ALAN PAPALI

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SRI.NISHIL.P.S. SMT.O.V.BINDU SRI.J.VIMAL

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA (CRIME NO. 912/14 OF YERROR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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BY PUBLIC PROSECUTOR SMT.S.HYMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.UBAID, J.

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B.A No.6748 of 2014

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Dated this the 17^th September, 2014

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O R D E R

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The petitioner herein is a senior citizen aged more than 77 years, and he seeks pre-arrest bail in Crime No.912 of 2014 of Yeroor Police Station of Kollam District, registered under Sections 452, 506 (1), 324 and 427 of Indian Penal Code. The de facto complainant, who gave F.I statement in the case, is none other than his own daughter. Some personal dispute or family dispute between the aged father and the daughter led to the crime. The prosecution case is that at about 2 p.m on 12.8.2014, the aged father trespassed into the house of the daughter, assaulter her and committed some acts of mischief there.

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On hearing the learned counsel for the petitioner and the learned Public Prosecutor, I find that this is a fit case where discretion under Section 438, Cr.P.C could be exercised by this court. In the particular facts and circumstances, I do not find the necessity of custodial interrogation of the father who is aged more than 77 years

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B.A No.6748 of 2014

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It appears that the incident or transaction alleged in the crime is more of civil nature, happened in connection with some personal dispute or family dispute between the father and the daughter. It is submitted that a civil suit is pending. In such a situation, it would be inappropriate and unjust to deny bail to the father. It is in fact really doubtful whether the house trespass alleged in this case comes under Section 452, I.P.C as house trespass with preparation to cause hurt. House trespass with intention to cause hurt will come only under Section 451, I.P.C, and the said offence is bailable. The petitioner has come before this Court only because the Police has incorporated Section 452, I.P.C in the F.I.R. I find that the petitioner can be granted bail on appropriate conditions.

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In the result, this Bail Application is allowed. The petitioner is ordered to be released on bail in case of arrest in connection with Crime No.912 of 2014 of Yeroor Police Station, on the following conditions:

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(a) The petitioner shall execute bond with one surety for 25,000/- ( Rupees twenty five₹ thousand only) to the satisfaction of the learned

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B.A No.6748 of 2014

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Magistrate having jurisdiction, or the arresting officer.

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(b) The petitioner shall report before the Investigating Officer as and when required by him for the purpose of interrogation as part of investigation.

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P.UBAID JUDGE

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Yohannan v. State of Kerala

Case brief

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Yohannan v. State of Kerala

Case brief

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